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Human Rights Violations: Use of Electric Shock Baton by the Police [2007] KRNHRC 11 (1 January 2007)

Citizen "A (25-year-old man)" filed a complaint with the Commission, arguing that his
human rights were violated by the police. The complainant said that the police arrested
him, took him to a police stand, bound him in a steel chair using a handcuff and iron chain,
and injured him using a electric shock baton for no reason.
After investigation, the Commission confirmed that policemen gave a shock to the neck
of the complainant using a electric shock baton, made threats several times, and forcefully
laid the complainant on a steel chair, even though the complainant was not likely to escape,
create a commotion, hit others, or injured himself. CCTV record showed that the
complainant sat on a chair with one of his hand bounded by a handcuff and iron chain,
made a call using his cell phone, and had a conversation with policemen after being taken
to the police stand.

The Commission stated that an electric shock baton should be used in a limited way to
eliminate only clear and present risks of escape, violence, commotion, and self-injuring,
and that the use of an electric shock baton to the complainant who was not able to
physically resist was an over-reaction, even if the complainant cursed to the respondent.
Therefore, the Commission concluded that the respondent violated Article 12 of the
Constitution (Personal Freedom), as the use of an electric shock baton did not meet the
principle of the least damage in restricting personal freedom.

After the complaint was filed with the Commission, the Chief of the Police Station in
charge of the police stand conducted an internal investigation and sent the case to "D"
District Prosecutor's Office. The respondent admitted his wrongdoing and accepted
suspension of duty. Therefore, the Commission concluded that an additional action against
the respondent was not necessary. However, it recommended the Commissioner General of
the Korean National Police Agency to provide on-the-job training on the use of police
devices including electric shock batons to the policemen to prevent recurrence of similar
human rights violations.